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TX HB5439
Bill
Status
3/14/2025
Primary Sponsor
Briscoe Cain
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AI Summary
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Prohibits intoxicated persons, their heirs, or estates from bringing lawsuits against licensed alcohol providers for personal injury or death resulting from the intoxicated person's own intoxication
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Eliminates exemplary (punitive) damages for violations of the dram shop liability chapter of the Alcoholic Beverage Code
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Narrows employer liability by removing "indirect" encouragement from the standard for attributing employee actions to employers, requiring only that employers not "directly" encourage violations
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Limits the definition of "employees" subject to seller training requirements to those who actually serve alcohol, excluding cooks, hosts, food runners, and dishwashers
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Preserves the right of injured third parties to sue alcohol providers and maintains liability for adults who serve alcohol to minors; applies to causes of action accruing on or after September 1, 2025
Legislative Description
Relating to limiting damages recoverable against alcohol beverage providers for providing alcohol to certain individuals and prohibiting claims by intoxicated persons or their estates for injuries or death resulting from their own intoxication.
Civil Remedies & Liabilities
Last Action
Referred to Licensing & Administrative Procedures
4/7/2025